Claims question

[MMTOTZ]

Hello all. 
 

Been fighting a back claim for last 3 years. Every time, send in new information, get new C&P exams, get different decisions ( but all not service connected), it has been renamed a different disability 5 times. 
 

Have recently been diagnosed with Ehlers Danlos. Has anyone ever had experience with this? Yes, it is genetic, but no, I was not aware that I had it. 
aA little bendy, yup, but thought some people were just like that. 
definitely a good reason why hurt my back way I did years ago, and body ended up way it is now. Spinal fusion last July. 
 

Don’t have funds for lawyer, or the crazy amounts for private nexus letter. 
 

 

[Whodat]

You stated you have been fighting a claim for the last 3 years. Need a little more info. 

As far as funds for a lawyer. I use Veterans Law Group. They do not get paid unless you do. No upfront payment. 

[MMTOTZ]

Claim for lower back. Original incident my records. Claim labeled first as musculoskeletal, then degenerative disc, then something else, last thing shows intervertebral disc syndrome. 
Each time, it seems that they leave out the old records. My original treatment records, send in my records for a records review after my in person C&P exams. 
this last time , Dr. stated I didn’t get seen until 2016. Not even sure where that year came from. Lol. 

[pacmanx1]

57 minutes ago, MMTOTZ said:

Been fighting a back claim for last 3 years. Every time, send in new information, get new C&P exams, get different decisions ( but all not service connected), it has been renamed a different disability 5 times. 

Have you filed an appeal yet on this particular condition/disability? It may be that you have to get a different opinion from the BVA, they have the power and authority to grant your claim despite what or how your disability is diagnosed or labeled. 

Clemons V Shinseki 23, Vet. App. 1-5 (2009)

 

[MMTOTZ]

Yes, appealed a couple times, with new information. 

[Berta]

You said:

"it has been renamed a different disability 5 times."

That is very concerning-did you ever see a private non VA doctor for this condition?

Can you scan and attach here their last denial and date of it , to include the evidence list?

Cover your C file #, name, address prior to scanning it.

I have  neighbor who got 10% in 1998 for an inservice "back strain" as he called it-

I told him to see a vet rep -for years- because he had developed a severe limp and pain from his hip.

Finally he filed a claim at the local VA, and is up to 90% because a VA doctor said the inservice "strain" he had ,caused severe osteoporosis and arthitis in his hip.

My point is that an initial diagnosis can lead to other secondary diagnoses-

I am basing this on what he told me-unfiortunately he told me something decades ago that,if true would have set him up for 100%, but he never showed me the SSDI records that he said were solely for the "back strain".

Do you get SSDI and is it solely for this condition?

Do you have Medicare, whereby a  non VA doctor might give the proper diagnosis.

Did the VA question your inservice nexus (link) to this problem?

Unfortunately I also suggest tryin to get an IME- not all IMO/IME doctors would charge a very high fee.

 

 

 

 

 

 

Edited February 26, 2022 by Berta

[Berta]

You are correct that the EhlersDanlos is a hereditary syndrome:

In part:

"Moreover, the Board observes that while service connection 
may not be granted for congenital or developmental defects 
under 38 C.F.R. § 3.303(c) and 4.9 (2003), service connection 
may be granted for congenital or developmental diseases.  See 
Monroe v. Brown, 4 Vet. App. 513, 514-15 (1993).  As noted in 
VAOPGCPREC 82-90, a developmental disease would be considered 
capable of deteriorating, and if the congenital or 
developmental condition is a disease, the presumption of 
sound condition, 38 U.S.C.A. § 1111 (West 2002), and the 
presumption of aggravation, 38 U.S.C.A. § 1153 (West 2002), 
apply.  Here, since the evidence of record indicates that the 
veteran's condition is capable of deteriorating, the Board 
finds that it is a congenital disease.  The question would 
then be whether the disease preexisted service, and if so, 
whether it was aggravated in service.  In this regard, as was 
noted above, the Board has found that although this condition 
preexisted service, uncontroverted medical opinion has 
established that the veteran's Ehlers-Danlos syndrome was 
aggravated during service.  

Accordingly, based on all of the foregoing, the Board finds 
that service connection for Ehlers-Danlos syndrome has been 
established by way of aggravation during service and that 
service connection for such disability is therefore 
warranted."
 

 

"ORDER

The claim for service connection for Ehlers-Danlos syndrome 
is granted."

https://www.va.gov/vetapp04/files3/0424438.txt

It is possible that you have this condition that, like the above veteran, pre -existed prior to your service.

This article has some of the symptoms that possibly would be found in your SMRs:

https://www.nhs.uk/conditions/ehlers-danlos-syndromes/

Do you have a copy of your SMRs and 201 file? If not, it will take time to get them from NARA-

https://www.archives.gov/

You can order them on line.

Does the most recent decision contain, in the Evidence list, the new evidence you had sent to them.

Since this is a hereditary disease ,Ehlers-Danlos,obviously it seems to me you had it when you enlisted.You would have to prove your military service "aggravated "  it.

Then again it seems to be one more VA diagnosis and maybe none of them are correct.